What is equal work?

There are three categories (Section 65 EA 10). Equal work is:

• Like work: where the woman’s work is the same as or broadly similar to that of the man, and any differences are not of practical importance. It is a question of looking at the facts of each case. It is for the employer to point to these differences and to show that they are of practical importance. They could include, for example, differences of duties, responsibility level, qualifications, training, physical effort and so on. They must be genuine differences, rather than just appearing on the job description;

• Work rated as equivalent: where the woman Is not doing like work, but a valid job evaluation study has rated her job as equivalent to a man’s in terms of job demands, by reference to factors such as effort, skills and decision making. A valid job evaluation study finding that work is not equivalent may prevent a tribunal claim, but only if the scheme is “thorough in analysis” and “capable of impartial application” (Diageo v Thomson EAT/0064/03). If the scheme itself is discriminatory or influenced by gender-stereotypical assumptions, it can be challenged; or

• Work of equal value: where two jobs are different and no job evaluation study has been conducted, a tribunal can decide that they are of equal worth after analysing the job demands, including, for example, training and skills, conditions of work and responsibility levels. These claims are governed by a special set of rules — the Employment Tribunal Equal Value Rules of Procedure, Schedule 3 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013.

The Equal Pay Statutory Code of Practice, available from the website of the EHRC (www.equalityhumanrights.com/sites/default/files/documents/EqualityAct/equalpaycode.pdf), contains worked examples under each category.